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67-081
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67-081
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Last modified
1/3/2012 12:36:03 PM
Creation date
6/26/2003 10:46:43 AM
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City Clerk
Doc Type
Resolution
Doc #
67-81
Date
6/5/1967
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shall mean all those types and kinds of pipe and pipe services <br />which are defined in the complaints of the State of California <br />as amended (civil Nos. 43403 through 43407), in the United <br />States District Court for the Northern District of california, <br />and such other and different types of pipe and pipe services <br />as (1) may have been designated as a basis for a claim by or <br />on behalf of Customer in its response to Suppliers' transac- <br />tion interrogatories and which designation was not withdrawn <br />with consent of Suppliers or approval of the Court, or (2) was <br />claimed by or on behalf of Customer for verification by Suppliers. <br />Without limiting the generality of the foregoing definition, <br />"pipe services" shall include coating, lining, processing and <br />rehabilitation of pipe products or any of such activities. <br /> <br /> Customer hereby expressly reserves all of its rights <br />to sue and otherwise to proceed in any manner against any per- <br />son, firm or corporation, other than Suppliers, with respect <br />to claims and causes of action arising out of the acquisition <br />by Customer of pipe products and pipe services made or con- <br />tracted for at any time prior to May 5, 1967, provided that <br />in exercising any rights of Customer, Customer covenants and <br />agrees that it will not seek or recover from any person, firm <br />or corporation any damages or other compensation of the type <br />or character hereinbefore referred to, resulting from, or <br />claimed to have resulted from any acquisition, direct or indirect, <br />by Customer of any pipe products or pipe services manufactured, <br />sold or rendered by Suppliers. <br /> <br /> It is expressly understood and agreed that this in- <br />strument is not and shall not be construed as a release of <br />Suppliers or of anyone else as to any claim or cause of action; <br />that the consideration paid by Suppliers does not represent and <br />shall not be construed as compensation for any damages claimed <br />to have been suffered by Customer with respect to purchases or <br /> <br />2 <br /> <br /> <br />
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